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DECREE No

DECREE No.93-CP OF AUGUST 23, 1997 ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE REGULATION ON BIDDING ISSUED TOGETHER WITH DECREE No.43-CP OF JULY 16, 1996

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

At the proposals of the Minister of Planning and Investment, the Minister of Construction and the Minister of Trade,

DECREES:

Article 1.- To issue together with this Decree a number of provisions amending or supplementing a number of Articles of the Regulation on Bidding issued together with Decree No.43-CP of July 16, 1996.

Article 2.- This Decree takes effect 15 days after the date of its signing.

Article 3.- The Minister of Planning and Investment shall assume the main responsibility and coordinate with the Minister of Construction, the Minister of Trade, the other ministers and the heads of the concerned branches in guiding and inspecting the implementation of amendments or supplements to the Regulation on Bidding, issued together with this Decree.

Article 4.- The ministers, the heads of the ministerial-level agencies and the agencies attached to the Government, the presidents of the People�s Committees of the provinces and cities directly under the Central Government, the Managing Boards of the State corporations shall have to implement this Decree.

On behalf of the Government

The Prime Minister

VO VAN KIET

A NUMBER OF PROVISIONS AMENDING OR SUPPLEMENTING THE REGULATION ON BIDDING ISSUED TOGETHER WITH DECREE No.43-CP OF JULY 16, 1996 OF THE GOVERNMENT
(issued together with Decree No.93-CP of August 23, 1997 of the Government)

Article 3.- Forms of selecting bidders and applicable modes.

To add the following Point h/ to Item 2:

h/ Special purchase: applicable to special cases (except for the above-said modes); the project owner shall have to work out the plan of action and submit it to the Prime Minister for consideration and decision.

Article 8.- Clarification and amendment of the bidding documents.

Is amended as follows:

The bidders are not allowed to change their bidding dossiers after the bid submission deadline. In the process of evaluating and comparing the bidding dossiers, the bid-soliciting party may ask the bidders to clarify several issues through direct or indirect discussion that must be open and fair and must not alter the basic contents of the bidding dossiers and bidding prices. All clarification requests from the bid-soliciting party and the replies from the bidders must be made in writing. An explanation by the bidder that leads to a change of the proposed bidding price shall not be considered. The bid-soliciting party shall have to keep all papers requesting the clarification and relevant explanations.

Article 9.- Deadline for bid submission and period of validity of bidding dossiers.

Is amended as follows:

The bid-soliciting party must state clearly in the tendering dossier the deadline for bid submission and the period of validity of bidding dossiers. The deadline for bid submission shall depend on the size and the complexity of the bidding package, but must not exceed 90 days from the date of issuance of the tendering dossier. In special cases where the bid-soliciting party needs to amend some points in the tendering dossier before the bid submission period expires, the deadline for bid submission may be extended. The proposed amendments must be made in writing and sent by the bid-soliciting party to all participating bidders at least 10 days before the deadline for bid submission so that the bidders may complete their bidding dossiers.

The period of validity of a bidding dossier is counted from the bid submission deadline to the date when the bid winner is announced. In case of extention of the period of validity of bidding dossiers, the bid-soliciting party must notify the bidders thereof. If the bidders refuse to accept the extension, the bid securities shall be returned to them.

Article 10.- Bid opening, classification and selection of bidders and announcement of bidding results.

Item 1 of this Article is amended as follows:

1. Bid opening: The bidding dossiers submitted on time shall be accepted and managed by the bid-soliciting party in accordance with the regulations on the keeping of confidential documents. The bid opening shall be conducted openly according to the date, time and place stated in the tendering dossier. The representatives of the bid-soliciting party and of the participating bidders (if any) must affix their signatures to the bid opening report.

The bid opening report must clearly indicate the name of the bidding package, the date, time and place of the bid opening, the names and addresses of the bidders, the bidding prices (except bids for consultancy selection), bid securities (if any), the amended or supplemented documents and other details.

Applications for bid which are invalid under the terms of the tendering dossier shall be rejected.

Article 22.- Evaluation, classification of bidders and submission of the bidding result for approval.

The following Item 4 is added:

4. With regard to bidding packages for the procurement of materials and equipment valued at 100 billion VND and more, whether it is a one-dossier bag bidding, two-dossier bag bidding or two-phase bidding, the evaluation of bidding dossiers must be conducted in two steps:

- Step 1: Technical evaluation to make a shortlist.

The bid-soliciting party shall request the bidders to submit their technical solutions so that it may consider and negotiate separately with each bidder to reach agreement on technical requirements and criteria and the bidders may prepare and submit their official technical dossiers.

After supplementing and completing their technical solutions according to the bid-soliciting party�s requests, the bidders shall submit their formal dossiers together with technical solutions. The bid-soliciting party shall make a shortlist.

- Step 2: Evaluation of financial capability of bidding dossiers of the shortlist for comparison and classification of the bidders.

The bidders on the shortlist shall submit their formal dossiers together with financial offers. The bid-soliciting party shall evaluate the result of evaluation of the financial offers for comparison and classification of the bidders.

The bid-soliciting party may request the bidders to offer other bidding prices. The bid-soliciting party shall not directly negotiate with the bidders but send open letters to them.

Article 30.- Bidding dossier.

Now amended as follows:

A bidding dossier for construction and installation contains:

- Application for the bidding.

- A copy of the business license or practicing certificate.

- Documents showing the bidder�s capability.

- Measures for overall construction and measures for construction of specific parts of the project.

- Organization of the construction and the contract performance time-table.

- Bidding price estimate.

- Bid security.

Article 42.- Responsibilities and powers of the persons competent to decide the investment.

Now supplemented and amended as follows:

1. To ratify the tendering dossier, criteria for the evaluation of bidding dossiers and the list (shortlist) of bidders invited to the bidding.

2. To ratify the results of the selection of bidders.

3. To inspect and direct the bid-soliciting party to strictly observe the Regulation on Bidding.

4. To ratify the contract.

5. To inspect and direct the bid-soliciting party in signing the contract and organizing its performance with the bid winning party.

With regard to Group A investment projects funded by State capital (as prescribed in the Regulation on the Management of Investment and Construction), the Prime Minister shall assign the ministers, the presidents of the People�s Committees of the provinces and cities directly under the Central Government and the heads of the competent agencies to carry out provisions at Points 1, 3, 4 and 5 of this Article.

Article 43.- Ratification and mandated ratification of the bidding results.

Item 2 of this Article is now amended as follows:

2. The person competent to decide the investment in projects funded by State capital, which belong to Group B (as prescribed in the Regulation on the Management of Investment and Construction), shall employ his/her professional assisting apparatus and may invite consultants when deciding the result of the selection of bidders for consultancy bidding packages valued at from 500 million to 10 billion VND; bidding packages for the procurement of materials and equipment or construction and installation valued from 10 billion to under 50 billion VND, at the proposal of the project owner. Consultancy bidding packages valued at 10 billion VND or more and bidding packages for the procurement of materials and equipment or construction and installation valued at 50 billion VND or more must be evaluated by the Ministry of Planning and Investment before the ratification of the bidding results. The remaining bidding packages valued under the levels stipulated above shall be assigned to the immediate lower competent level for ratification.

On behalf of the Government

The Prime Minister

VO VAN KIET